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Tag Archives: Contract

WDVA: Trade-secrets claim against competitor goes forward (access required)

In arranging a site visit from a competitor, a cooking-oil refinery’s attempt to safeguard its technology via prior agreement was only partially successful. Though largely unenforceable, the agreement demonstrated the plaintiff’s desire and reasonable efforts to maintain its technology as ...

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EDVA: Jury must decide whether conduct waived non-waiver clause (access required)

In a contract dispute between a Dominion subsidiary and a pipeline-construction company, the court resolved some issues related to non-payment claims, but held that the scope of the parties’ contract and certain aspects of its performance could not be determined ...

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WDVA: Court strikes “faux counterclaims” against non-parties (access required)

In trade-secret litigation concerning a disputed international patent for a sugar substitute, a defendant’s attempt to “join” related counter-defendants was procedurally improper under Federal Rule of Civil Procedure 13(h). Background Sugar tastes good. But it’s unhealthy. So companies and scientists ...

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SCV: Court could not assert limitations defense (access required)

Appellant Gary Pisner filed a complaint against Appellee Mark Conley, asserting breach of a written contract to perform demolition and clean-up work at his property. Pisner sought compensatory damages of $76,000. After the complaint was served and Conley failed to ...

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Va. Cir.: Wrong burial plot purchase caused by mistake, not fraud (access required)

Although the Virginia Consumer Protection Act covers interment rights, a plaintiff suing a cemetery owner failed to offer evidence of the misrepresentation needed to prove her claim. She said she asked for plots right next to her parents’ plots, but ...

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Important Opinions January – June 2018 (access required)

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The “Important Opinions” that appear each week on the front page of Virginia Lawyers Weekly are those chosen by our editors as the most likely to impact law practice or a given subject area of law. Below is a listing, ...

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CAV: Fire changed marital residence from asset to deficiency (access required)

After a divorced couple’s former residence was significantly damaged by fire, the husband was entitled to reimbursements from the wife for his outlays to return to property to saleable condition. The trial court did not err in decreasing the wife’s ...

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Va. Cir.: No prejudice resulted from plea agreement withdrawal (access required)

Despite the defendant’s previous waiver of a preliminary hearing related to drug charges against him, he was not entitled to enforcement of an alleged oral plea agreement with a new prosecutor in his case. Background Defendant Sophann Mao was arrested ...

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EDVA: Vandalized hotel can try denied insurance claim (access required)

Genuine disputes of material fact precluded summary judgment as to whether an insurance company improperly denied coverage for property damage after vandals cut a water line in a hotel undergoing renovations. The insurer claimed that the hotel owners had misrepresented ...

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4th Cir.: Company’s agreement with feds preserved privilege for subsidiary’s disclosures (access required)

A written agreement between a corporation and the government preserved the company’s attorney-client privilege and work-product protection for information that the general counsel of a subsidiary entity disclosed to the government. Background Several years ago, federal prosecutors opened a grand ...

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